While landlords technically own the property, they do not have the right to access it at any time. It’s even if their excuse is to conduct a random inspection. At the same time, you have the right to privacy. Still, you are also not allowed to completely prohibit the landlord from entering and checking on the rental.
They have the right to enter their rental property as mandated by law. Still, they cannot do so without informing the tenants beforehand. But if they decide to conduct an unannounced inspection, you have the right to refuse entry. One doing so may violate the Right to Quiet Enjoyment.
All states require that landlords inform through a written notice to inspect the property in advance. The notice must include the exact date and possible times when they plan to inspect and contact information if you want to reschedule it.
Most state laws require you to receive inspection notice at least 24 hours in advance. Some states require 48 hours of advanced notice.
Some states also require that inspections occur during “reasonable hours.” It typically means business hours or between 8 AM and 6 PM. This inspection may be conducted a few times a year, but not too often that a tenant feels harassed or inconvenienced.
On the other hand, drive-by inspections do not require prior notice. No one will enter the premises and will only observe and check the property’s exteriors.
Inspection Laws
Maybe a landlord says they will do a rental property inspection in a few hours. Most people would think that it is well within the landlord’s rights to do so. They did not know that there are laws related to rental property inspections that protect tenants.
At the forefront of it is the “Right to Quiet Enjoyment.” It states that you have the right to use the property without being disturbed by anyone. Even those who are considered to have a superior title, such as the landlord. Different states also have their laws related to it.
However, this does not mean that a landlord is completely prohibited from going inside the property until it is vacated. There are valid circumstances when they can enter the unit, which are:
- Conduct an inspection of the property and the entire premises
- Renovate or do necessary repairs
- Showcase the rental property to other possible tenants, as well as prospective property buyers
- During an emergency
- If the tenant has been away for some time. It’s typically for at least seven days, as someone may have left the property for good without giving notice.
Note that state laws vary regarding tenants’ privacy. Some states may see all these as valid reasons for a landlord to enter the property. In contrast, others may only consider a handful of them. And in certain states, there are no laws related to it.
Regarding inspections, landlords typically do it mainly to check for any damages. These inspections fall under four categories:
- Move-in inspection – to check on the condition prior to the tenant moving in.
- Move-out inspection – to find any damages that may have been caused by the tenant during his or her occupancy. It is ideally done when the tenant starts vacating the property.
- Routine – to catch any issues early to avoid costly repairs in the future, as well as to check for any illegal activities or lease violations of tenants.
- Drive-by inspection – to see if a routine inspection is needed. They will only check on the exteriors and will not go inside the rental property.
The Right to Quiet Enjoyment Law also covers these inspections. Suppose a landlord insists that there is no such clause in your lease and that gives him or her the right to inspect at any time. You should know that there is an “Implied Covenant of Right to Enjoyment.” It means that the law still applies even if not explicitly stated on your lease.
During an inspection, they are expected to respect the tenant’s privacy when doing so. This means that the landlord is limited to doing a visual inspection and just walking around the unit. He or she must not go through the personal belongings of someone living there, including searching the cabinets or pantry. Still, they can take photos of the property as a reference to an extent.
Ideally, you must be present while the landlord conducts an inspection to avoid issues. But if not, they must inform the tenant that he or she has inspected while the person is away.
Can They Take Pictures of My Apartment Without Permission?
It is common for them to take pictures of the apartment during an inspection, but this does not mean they can do so without permission. If they plan to take photos, they must first inform about it and its purpose.
Valid reasons are:
- For record-keeping or insurance purposes
- To document any damage present
- To be used for advertising the rental, in case you are vacating soon
They must not purposely take photos of the tenant’s personal belongings, as this may be considered an invasion of their privacy. If unavoidable, the landlord must inform the tenant that his or her belongings will be in that photo. It may be for things such as when capturing the view of the damage present.
Installing recording equipment inside the rental is also not allowed, both audio and video. It’s even if a landlord claims that it is for security. It can only be installed outside the unit.
Taking exterior photos is a different story. Since it is done outdoors, they may do so even without your permission. However, they must still ensure that your belongings are not included in the photo.
Can They Move Your Personal Belongings?
Suppose a landlord comes to your unit to conduct an inspection or show the property to potential tenants or buyers with your permission. In that case, this permission does not extend to giving him or her the right to move your personal belongings.
The apartment may be owned by someone else. The belongings inside that apartment are still considered property of the tenant, and a landlord has no right to move them around. But if it is necessary, they must talk to you about it and let you handle it unless you give explicit permission for them to do so.
An exception applies if they see them as a potential hazard or affect the comfort of other tenants, but only if those belongings are found outside the rental. If a landlord moves them around, they must inform the tenant.
But if the tenant is already in bad standing or unable to pay rent, state laws will apply. Depending on these laws, landlords may be given the right to move or own the belongings after some time.
Suppose a tenant has already vacated the premises but left some personal belongings. In that case, a landlord must still give ample time for the person to collect it, even if he or she still owes rent. A notice must first be given informing where the items will be stored and how long. If it remains uncollected after the deadline, they can dispose of it. However, it must follow state laws.
